Lee v. Thompson, et al.


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Docket Number: 2002-CA-00082-SCT
Linked Case(s): 2002-CA-00082-SCT

Supreme Court: Opinion Link
Opinion Date: 09-11-2003
Opinion Author: Carlson, J.
Holding: Affirmed

Additional Case Information: Topic: Wrongful death - Tort Claims Act - Intentional criminal acts - Jail inmate provision - Statute of limitations - Minors’ savings clause - Section 15-1-59 - Section 15-1-35
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Easley, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Graves, J.
Dissenting Author : McRae, P.J.
Procedural History: Dismissal
Nature of the Case: CIVIL - WRONGFUL DEATH

Trial Court: Date of Trial Judgment: 12-13-2001
Appealed from: Coahoma County Circuit Court
Judge: Larry O. Lewis
Disposition: Dismissed the action.
Case Number: 14-CI-01-0028

  Party Name: Attorney Name:  
Appellant: Susan Renee Lee, General Guardian of Emily Renee Lawson, A Minor and Sole Wrongful Death Beneficiary of Randy Clay Lawson, Deceased




H. WESLEY WILLIAMS, III JEFFREY STEPHEN MOFFETT



 

Appellee: Sheriff Andrew Thompson, Individually, Sheriff Andrew Thompson, in his Official Capacity as Sheriff of Coahoma County, The Coahoma County Sheriff's Department, Tracy A. Vance, Norman Harris, Jerry Hampton, Sammie Davis, Sabrea L. Broom, Addie Evans, Raechele D. Scott, and Everett L. Langdon, in Both Their Individual and Official Capacities DAVID D. O'DONNELL  

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Topic: Wrongful death - Tort Claims Act - Intentional criminal acts - Jail inmate provision - Statute of limitations - Minors’ savings clause - Section 15-1-59 - Section 15-1-35

Summary of the Facts: Susan Lee, the former wife of Randy Lawson, filed an action on behalf of Emily Lawson, the couple’s minor daughter, against Sheriff Andrew Thompson, individually and in his official capacity, The Coahoma County Sheriff’s Department, Tracy Vance, Norman Harris, Jerry Hampton, Sammie Davis, Sabrea Broom, Addie Evans, Raechele Scott, and Everett Langdon, in their individual and official capacities and John Does 8-10, in their individual and official capacities. The complaint alleged seven counts, including a claim for assault and battery and a claim for wrongful death. However, Lee brought all of the claims under the auspices of the Mississippi wrongful death statute. All defendants joined together to file a motion to dismiss Lee’s complaint. The court granted the motion, and Lee appeals.

Summary of Opinion Analysis: A wrongful death action is a derivative action brought by the beneficiaries who are subject to all of the defenses that would have been available against the decedent. Lawson was discovered dead hanging from the top bunk in his jail cell. The jail inmate provisions of the Tort Claims Act apply in this case as to any nonintentional/non-criminal acts. Therefore, the court erred to the extent that it dismissed the allegations of intentional criminal acts. Lawson’s sole wrongful death beneficiary, his daughter, Emily, is a minor. The minors' savings clause of section 15-1-59 tolls the statute of limitations on a wrongful death action. Lee was substituted in the original state court action which was removed to federal court. By that time, Lee had been substituted as administratrix of Lawson’s estate and appointed general guardian over Emily’s person and estate in separate causes in chancery court. Thus, the statute of limitations runs against both Lee and Emily. Lee’s wrongful death action based on the alleged intentional criminal acts committed upon the person of Lawson, inasmuch as it is predicated on an intentional tort, is governed by the one-year statute of limitation found in section 15-1-35. Lee argues that the pendency of the federal court action tolled the statute of limitations. Lee, while being given the opportunity to amend her federal court pleadings, chose instead to file a new state court action alleging for the first time various intentional torts against the Coahoma County defendants. Lee waited too long to refile a new state court action raising these claims for the first time. Therefore, the court properly dismissed the action.


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